Chambers v. United States

Tenth Circuit Court of Appeals

Feb. 21, 1995.

Tenth Circuit Court of Appeals · decided 1995-02-21

Cited by 11 later decisions — most recently May 2005

10 federal appellate ·

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2412

Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Pierce v. Underwood · United States v. X-Citement Video, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-21

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¶1

Before: Stephen REINHARDT and T.G. NELSON, Circuit Judges, and KAUFMAN,* District Judge.

ORDER

¶2

The United States' motion to vacate judgment, withdraw opinion, and summarily affirm the district court's judgments is granted in part and denied in part. The government's request to vacate judgment is granted; the remaining requests are denied.

¶3

The opinion in this case is vacated (22 F.3d 939 (9th Cir.1994)). The case is remanded to the district court for reconsideration in light of United States v. X-Citement Video, Inc., --- U.S. ----, 115 S.Ct. 464, 130 L.Ed.2d 372 (1994). The district court shall determine whether review of the adequacy of the indictment is open to Chambers, and if so, whether the indictment in this matter was defective regarding allegations of scienter.

The Honorable Frank A. Kaufman, Senior United States District Judge for the District of Maryland, sitting by designation